Congress repeatedly waives or streamlines National Environmental Policy Act (NEPA) reviews when a project is deemed urgent, which the authors say is an implicit admission that the underlying permitting process is dysfunctional and needs structural reform rather than ad‑hoc exceptions. The piece supplies litigation figures (e.g., 37% of NEPA suits target public land projects; agency win rates ~79%) to show waivers replace systemic fixes with case‑by‑case carveouts.
— If true, the practice of waiving NEPA when expediency is needed reframes permitting reform from a niche environmental technicality to a central industrial‑strategy and governance priority.
Alan Armstrong and Scott Peters
2026.09.05
100% relevant
Authors (two members of Congress) note Congress’ frequent use of waivers/streamlining and provide NEPA litigation statistics and agency win rates as evidence that the process delays projects more than it delivers improved outcomes.
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